# Bar Owners Alter Strategy to Fight Smoking Ban



## DonnieW (Jul 2, 2008)

http://www.cigaraficionado.com/Cigar/CA_Features/CA_Feature_Basic_Template/0,2344,2431,00.html

After months of fighting a countywide smoking ban through protest and other traditional means, Kanawha County, West Virginia, bar owners are being advised to try a new strategy: filing insurance claims.

The West Virginia Association of Club Owners & Fraternal Services is urging the claims be filed against the Kanawha-Charleston Board of Health for committing a "wrongful act" when it passed the smoking ban.

To the chagrin of fuming bar owners, the health board passed the countywide ban and it took effect July 1. Owners took to the streets of Charleston on August 4, claiming the ban has had a negative impact on the local economy.

And they have data to prove it, not just anecdotal claims. According to the state Lottery Commission, bar customers spent $1.2 million less gambling from June to July, a 9 percent decrease. West Virginia legalized the use of video lottery machines in bars in 2004.

Jesse Banes, spokesman for the club owners association, believes this loss of state tax revenue is enough evidence for lawmakers to take a second look at the legislation, perhaps even rescind it.

"Only the state Legislature has the means to increase or decrease tax revenue, not the Kanawha County Board of Health," Bane told The Charleston Gazette.


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## jagmqt (Feb 22, 2007)

DonnieW said:


> http://www.cigaraficionado.com/Cigar/CA_Features/CA_Feature_Basic_Template/0,2344,2431,00.html
> 
> After months of fighting a countywide smoking ban through protest and other traditional means, Kanawha County, West Virginia, bar owners are being advised to try a new strategy: filing insurance claims.
> 
> ...


Interesting legal theory...but most likely will fail.

Definitly something to watch, though, thanks for sharing the link.

jag


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## bige610 (Jul 1, 2008)

i read in the chicago tribune that in downstate illinois that the bars just refuse to acknowledge the smoking ban. they havent been fined yet. i guess there is so much legal mumbo jumbo in the bill that no one knows how to enforce it.. or just doesnt want to.


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## mustang1 (Oct 11, 2007)

I know plenty of business owners here in Ohio that just plain refuse to observe the smoking ban. The one guy has been cited twice, both times by someone calling the tip line, which led him to believe it was a disgruntled emloyee. Both times he put the ash trays away and made the emlpoyees smoke out side for about two weeks, then it was back to normal. 

I know its not a bar but, just another example of gov't chipping away at our personal freedoms. :2


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## Scud (Sep 9, 2007)

Sadly, I've had 3 buddies who all owned bars in the far western Chicago suburbs who have closed their doors because their revenues are down so much. All three earned enough to get by and make a little profit, but with smokers not patronizing their establishments, they couldn't make it anymore.


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## Commander Quan (May 6, 2003)

Scud said:


> Sadly, I've had 3 buddies who all owned bars in the far western Chicago suburbs who have closed their doors because their revenues are down so much. All three earned enough to get by and make a little profit, but with smokers not patronizing their establishments, they couldn't make it anymore.


Well the health board got their wish, the employees no longer have to breath in that horrible second hand smoke. It's just to bad that they also have to look for other employment so they can afford to pay their bills and eat.


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